Smith v. Kijakazi, No. 3:2020cv00776 - Document 13 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 12 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's request for judgment on the pleadings in her 8 Brief In Support of Judgment on the Pleading s; granting Defendant's request to affirm the decision of the Commissioner in her 11 Brief In Support of Defendant's Decision; and dismissing this action from the docket of the Court. Signed by Judge Robert C. Chambers on 10/21/2021. (cc: counsel of record; any unrepresented parties) (jsa)

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Smith v. Kijakazi Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION VICTORIA SUSAN SMITH, Plaintiff, v. CIVIL ACTION NO. 3:20-0776 KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted Findings of Fact and recommended that the Court deny Plaintiff’s request for judgment on the pleadings (ECF No. 8); grant Defendant’s request to affirm the decision of the Commissioner (ECF No. 11); and dismiss this action from the docket of the Court. No objections to the Magistrate Judge’s findings and recommendations have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and DENIES Plaintiff’s request for judgment on the pleadings (ECF No. 8); GRANTS Defendant’s request to affirm the decision of the Commissioner (ECF No. 11); and DISMISSES this action from the docket of the Court, consistent with the findings and recommendations. Dockets.Justia.com The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: October 21, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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